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Searching Content indexed under Landlord & Tenant - Leases by Carroll & O'Dea ordered by Published Date Descending.
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1
Delays while the lessee is in administration
The administration period can be difficult for a landlord, as their rights in relation to the premises are restricted.
Australia
15 Apr 2019
2
Are you meeting your obligations under the Retail Leases Act (NSW) 1994 to disclose and report on your marketing levies?
Landlords are often aware of reports of budgets, expenditure and recoveries, but may not be aware of the marketing levy.
Australia
18 Mar 2019
3
Termination of lease by landlord with only 3 days notice
The Tribunal found the landlords were entitled to re-enter and re-take possession of the premises without further notice.
Australia
18 Mar 2019
4
10 principles of property demolition notices in NSW
The Appeal Panel of the Tribunal applied these 10 principles to decide that the demolition notice in this case was valid.
Australia
18 Mar 2019
5
Purchaser versus tenant's unregistered lease
The tenant won, despite holding an unregistered lease to part of the property, which was included in the sale agreement.
Australia
1 Feb 2019
6
Invalid demolition notice for a commercial lease in NSW
The Tribunal found that the landlord used the demolition clause to terminate the lease to grant a lease to a new tenant.
Australia
1 Feb 2019
7
Failed exercise of option to renew lease
The Court found the tenant failed to formally exercise the option to renew in accordance with the terms of the lease.
Australia
1 Feb 2019
8
Assignment – can the landlord refuse consent based on the assignees insufficient financial resources?
Article discusses recent case where the landlord tried to refuse consent to an assignment of lease.
Australia
21 Nov 2018
9
ACCC finds unfair terms in office lease contract
The ACCC has stated that it will continue to investigate contracts and seek Court orders that terms are unfair and void.
Australia
19 Nov 2018
10
If the Act does not apply ….. it does not apply - a retail shop lease?
This case is a reminder to each party to understand which Act their lease falls under so as to properly resolve disputes.
Australia
19 Nov 2018
11
Was the rent abatement for lack of air conditioning the end of the matter?
Agreements to provide abatement for disturbance should be carefully drafted, with precise descriptions and its duration.
Australia
19 Nov 2018
12
Meanings of AND and OR: wrongful termination of an agreement to lease
This case is a great example of how important careful drafting is so as to reflect the intended outcome of either party.
Australia
19 Nov 2018
13
Short Term Stayz - Short-term rental accommodation in NSW
This Act introduces a code of conduct, expected to come into force in 2019 to manage guests and prevent unruly behaviour.
Australia
30 Aug 2018
14
Can a landlord watch a tenant refurbish a premises and then decide not to grant the lease?
Damages awarded where tenant refurbished premises then landlord refused to execute lease.
Australia
5 Jun 2018
15
Intention to exercise option and re-negotiation
Discussion about case about an exercise of an option and subsequent negotiation.
Australia
5 Jun 2018
16
Valid exercise of option or abandonment?
Protracted negotiations as to varied terms for future lease did not mean the tenant had abandoned the option lease.
Australia
5 Jun 2018
17
Misleading and deceptive conduct – a tenant request for exclusivity
This leasing case was also another reminder about how difficult it is to win misleading and deceptive conduct cases.
Australia
18 May 2018
18
What happens when the lease does not include an address?
Article discusses what happens when the lease does not include an address.
Australia
17 May 2018
19
Can a landlord force a tenant to trade?
A court order for specific performance to re-commence trading will not be granted except for exceptional circumstances.
Australia
8 Mar 2018
20
Applicability of retail legislation in Victoria – is GST part of occupancy costs?
This article summarises a recent case in Victoria which had to determine whether the Retail Leases Act 2003 applied.
Australia
8 Mar 2018
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